Bus driver charged with manslaughter after hitting, killing cyclist at University of Texas

By Kelsey Bradshaw kbradshaw@statesman.com

Thursday

Mar 14, 2019 at 10:54 AMMar 14, 2019 at 10:54 AM

University of Texas police have arrested and charged a Capital Metro bus driver who struck and killed a cyclist on the Austin, Texas, campus in late January, they said.

Police identified the driver as 40-year-old Mindi Taylor Stafford, who was charged with manslaughter. She was arrested in nearby Killeen, where she was booked into the Bell County Jail, according to court documents.

The cyclist, 39-year-old Anthony John Diaz, was hit while riding his bike northbound on San Jacinto Boulevard the night of Jan. 28. Officers responded to the scene about 10:36 p.m. He was riding close to the curb, wearing a reflective helmet and had lights on his bike, investigators said.

“Capital Metro was made aware of the arrest and continues to cooperate with law enforcement in their investigation of the January 28 crash. Our thoughts remain with the family and loved ones of Tony Diaz,” Capital Metro spokeswoman Mariette Hummel said.

Stafford is no longer employed by Capital Metro.

A search warrant filed Feb. 15 said Stafford failed part of a field sobriety test after the crash. She also had in her backpack four prescription medications that had dizziness and drowsiness listed as side effects, the document said.

Passengers on the bus yelled at Stafford to watch out for a bicycle, according to video and audio recordings cited in the search warrant, but she “appeared to be oblivious to her surroundings. She did not appear to react to her passengers’ warnings and did not notice the illuminated bicycle riding in front of her.”

Diaz, an employee at Austin TV station KTBC, was dragged by the bus. He was pronounced dead at the scene. The bus traveled for 110 feet before coming to a stop after hitting Diaz, Carter said.

After the crash, Stafford told police that Diaz “should have been closer to the curb, the bikes have bike lanes,” according to an arrest affidavit for Stafford. She told police she was trying to avoid hitting a vehicle, and couldn’t stop the bus in time to avoid Diaz because she had been looking left and didn’t expect a cyclist to enter her lane. Police reviewed Capital Metro surveillance footage and saw no oncoming traffic at or near the time of the crash.

Stafford was charged with manslaughter because she appeared to drive in a reckless manner, Carter said. The affidavit says she did not appear to turn the steering wheel, apply the brakes or take any preventative action to avoid hitting Diaz.

“There’s a social contract between bicycle riders, pedestrians and people in public that drive cars,” Carter said. “Tony did everything that he was supposed to do in terms of being safe, and it was a tragic crash to which we’re very sorry. It is a rare event.”

The investigation so far shows that Stafford was not under the influence of illegal drugs or alcohol at the time of the crash, Carter said.

UT police also found no mechanical issues with the bus, but an independent investigation will be done on the bus, he said.